ENCINITAS: School trustees vote to drop lawsuit against city

TAWNY MAYA McCRAY For the North County Times

Encinitas trustees voted this week to withdraw a lawsuit against the city over denials to change the zoning for the old Pacific View Elementary school.

The move will allow an art group that has proposed building a community arts center on the school property to continue pursuing an amendment to the general plan that could make way for the project to be built.

Art Pulse, a nonprofit arts organization based in Liberty Station, struck a deal with the district in August to buy the school site for $7.5 million. The district closed the school in 2003 because of declining enrollment. It has been trying to capitalize on the 2.8-acre coastal property ever since.

Last month, the council denied Art Pulse's request to submit an application for a zoning change to allow for the center and seven houses. The current zoning allows for public and semi-public uses, not for retail and residential development. The council said it would not move forward until the lawsuit is resolved.

Past proposals for a medical facility and another for a mixed-use retail and residential complex failed after opposition from surrounding residents. The City Council declined to buy the land and has denied district requests to rezone the property to match the surrounding neighborhood so it can be developed. This led the district to sue the city.

The lawsuit had been on hold while the district negotiated the deal with Art Pulse.

Superintendent Tim Baird said the board had two choices at today's meeting: It could proceed with the lawsuit or drop it.

"The City Council basically said that they would move this through if the lawsuit were not in place," Baird said. "I think the board thought, rightfully so, to withdraw (the lawsuit) and put all of our support behind Art Pulse."

Mayor Jerome Stocks said that with the lawsuit dropped he expects the majority of the council would consider a request for a general plan amendment.

"That is very, very different than approving a project," he said. "It is in no way, shape, or form a guarantee of outcome."